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Brief Notes For The Judges To Deal With Civil and Criminal Case by S.K.Nandy
Brief Notes For The Judges To Deal With Civil and Criminal Case by S.K.Nandy
)/JUNE /2015
Ref.- Refresher Course for Officers in the rank of Civil Judge (Senior Division)/
C.J.M./A.C.J.M.
2. Even if the accused keeps a mum although out the trial, the extent of
burden on the prosecution to prove the guilt of the accused beyond all
reasonable doubt is in no way diminished Prosecution’s burden is
irrespective of the defence stand.
5. Slightest doubt infused in the mind of the court may not permit a Court
to conclude about the guilt of the accused. For, suspicion, however
grave, cannot take the place of proof, and the benefit of the doubtful
situation should be allowed in favour of the accused to earn his
acquittal.
6. The benefit of doubt goes in favour of the accused. But, such doubt,
must be reasonable and free from zest and abstract speculation.
Doubts, as emerged from the evidence on record, must be actual and
substantial and should not be imaginary or limited. Exaggerated
adherence to and insistence upon establishment of proof beyond all
reasonable doubt often result in miscarriage of justice – courts must
deal with such case in a realistic manner and with sensitivity.
7. Law does not require any particular number of witness to prove a fact
and a conviction based on the sole testimony of a witness is not illegal
merely on that score and is quite sustainable in law, provided the
evidence on record is full, complete and absolutely trustworthy and
believable, inspiring the confidence of the court.
8. Corroborative evidence should not be insisted upon, where the facts and
circumstances of the case do not warrant existence of such evidence.
Ref.- Refresher Course for Officers in the rank of Civil Judge (Senior Division)/
C.J.M./A.C.J.M.
Contd..
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Describing the principles of law applicable to the case in a very short compass
would be decorating the judgement and would certainly ensure qualitative
improvement in it.
An ideal judgement is not only satisfying for the Judge, but is also a treasure
for the Judiciary.